In Appellate Courts, the language used in filling in the decretal order, shall conform to the action recognized by the law, and shall direct that the decree of the lower Courts be either “affirmed”, “varied”, “set aside” or “reversed”. In each case in which a decree is affirmed, the terms thereof shall be recited, so as to make the appellate decretal order complete in itself. In varying a decree, the relief granted, in lieu of that originally granted shall, be fully and accurately set out. Where a decree is reversed on appeal, the consequential relief granted to the successful party shall similarly be stated. Every decretal order shall be so worded as to be capable of execution without reference to any other document, and so as to create no difficulty of interpretation.
Informant shall be noticed before considering Bail by HC/Session U/S 376(3), 376-AB, 376-DA, and 376-DB IPC
The Criminal Law (Amendment) Act, 2018-it has been mandated that the presence of the informant or any person authorized by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code
The grocery bill, rent payment, school fees, telephone, electricity and water dues are required to be paid on the due date and will not await the contingency of the receipt of the payment on a future date in Court. It has thus become necessary to ensure that maintenance payment to a wife/child is made at least on a regular monthly basis and defaults for no justifiable cause ought not to go scot free without sanctions.
Anticipatory Bail application cancelled – Section 120B r/w Section 420 of IPC and Section 8 and Section 13 (1)(d) r/w Section 13(2) of the PC Act – Pre-arrest is not meant for high profile economic offenders. Time has come to recommend to the Parliament to suitably amend the Law to restrict the provisions of pre-arrest bail and make it inapplicable to economic offenders of high profile cases like the instant one.
KULDIP RASTOGI AND ANOTHER Vs. VISHVA NATH KHANNA – Contempt of Courts Act, 1971 — Section — 12(3), 13 — ‘Willful’ disobedience — Meaning of ‘willful’ has the same meaning in the law of contempt as in other branches of the law. no reason why in the matter of contempt it should have some special or peculiar meaning, the ordinary meaning of willful,’ as defined in the Concise Oxford Dictionary, is that for which compulsion or ignorance or accident cannot be Pleaded as an excuse, intentional, deliberate ……….’.
When in contractual matters involving the state or its instrumentality writ interference can be resorted
DDA is acting unfairly, unjustly and unreasonably, even in contractual matters, appropriate relief can be granted. Judicial pronouncements on the issues as to when in contractual matters involving the state or its instrumentality writ interference can be resorted : Delhi High Court
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